The family of a Bellaire man shot by police in his driveway on New Year’s Eve filed a federal lawsuit on Friday, contending that the city routinely engages in racial profiling, used excessive force and violated his civil rights.

Bellaire Police Sgt. Jeff Cotton wounded Robert Tolan in the early-morning hours of Dec. 31, after officers approached the 23-year-old who they mistakenly thought was driving a stolen car. During the encounter, Cotton, who is white, shot Tolan, who is black, from a distance of 15 to 20 feet, the lawsuit says. Tolan was struck once in the chest and spent about three weeks in the hospital. The bullet remains lodged in his body.

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The lawsuit seeks damages from Cotton, another officer, the police chief, mayor and other city officials for Tolan, his parents and his cousin. It dissects officers’ actions in the shooting and alleges a culture of racism among Bellaire police. It says police “engage in unconstitutional racial profiling and discrimination as a matter of policy.”

Bellaire officials have denied that officers engage in racial profiling. Assistant City Manager Diane White said on Friday she was unaware of the lawsuit.

“I haven’t seen anything, and I am not commenting,” she said.

An assistant to Cotton’s attorney said the sergeant’s actions were not racially motivated. He maintained the officer would be vindicated when a full account of the encounter is made public.

“If this (lawsuit) goes forward, at least the true facts will come out,” said David Donahue, who works with attorney Paul Aman.

Last month, a grand jury indicted Cotton on a charge of aggravated assault by a public servant. Aman has said Cotton believed his life was in danger when he fired at Tolan.

Tolan, a former Bellaire High School baseball player who was pursuing a professional baseball career, was driving to his parents’ home about 2 a.m. Dec. 31. An officer ran the license plates on Tolan’s sport utility vehicle, but got the wrong information, leading him to think the vehicle was stolen. Several officers approached Tolan and his cousin as they arrived at the Tolan home and ordered them to the ground.

Tolan’s family came out to speak with officers and his mother was pushed against the wall. Tolan raised his body to protest and Cotton fired, striking him once.

The lawsuit also says a number of Bellaire officials should be held responsible for a pattern of using excessive force on minorities that it says amounts to a “de facto” policy of racial profiling. Those named as defendants include officer John C. Edwards, who was at the shooting, Mayor Cynthia Siegel, City Manager Bernard Satterwhite, Police Chief Randall Mack and Assistant Chief Byron Holloway.